Preview
Filing # 71539877 E-Filed 05/02/2018 08:29:00 AM
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT IN AND FOR OSCEOLA
COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.
CITIBANK, N.A., AS TRUSTEE FOR
CWABS, INC. ASSET-BACKED
CERTIFICATES, SERIES 2007-QX1,
Plaintiff,
vs.
MAURICE WARD, et. al.,
Defendant(s).
/
NOTICE OF SUBMITTING FLA.STAT.§ 702.015(4) CERTIFICATION
Plaintiff, by and through its undersigned counsel, hereby submits contemporaneously
with the Complaint in this case the attached Certification of Possession pursuant to
Fla.Stat.§702.015(4).
ROBERTSON, ANSCHUTZ & SCHNEID, P.L.
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Service ‘on.
By:
[ ] Melissa Konick, Esq., FL Bar No. 17569, Email Address: mkonick@rasflaw.com
[ ] Wendy Manswell, Esq., FL Bar No. 12027, Email Address: wmanswell@rasflaw.com
[ ] Tiffanie Waldman, Esq., FL Bar No. 86591, Email Address: twaldman@rasflaw.com
[ ] Rosemarie Wildman, Esq., FL Bar No. 645869, Email Address: rwildman@rasflaw.com
LY Gweneth Brimm, Esq., FL Bar No. 727601, Email Address: gbrimm@rasflaw.com
[ ] Dominique Sciullo-Craig, Esq., FL Bar No. 108379, Email Address: dcraig@rasflaw.com
QUIT HOE AIAN AT
18-139076
CERTIFICATION OF POSSESSION PURSUANT TO FL. STAT. §702.015(4)
The_undersigned hereby certifies:
1 My name is Lanetra Smith and I am employed as an Original Documents Assistant in the
Original Document Department of Robertson, Anschutz & Schneid, P.L., Plaintiffs
counsel.
As reflected on the original promissory note, the note at issue and upon which this action
is brought was executed by MAURICE WARD on February 6, 2007.
I personally verified possession and location of the original note on March 30, 2018 at
09:27 AM.
As of the date and time of verification, the original note was located at Robertson,
Anschutz & Schneid, P.L., 6409 Congress Ave., Suite 100, Boca Raton, FL 33487.
Correct copies of the original note (and, if applicable, all endorsements, transfers,
allonges, loan modifications or assignments of the note) are attached hereto. Some
original allonges and/or indorsements may be affixed by stamp.
I give this statement based upon my own personal knowledge .
Under penalties of perjury, | declare that I have read the foregoing and that the facts stated
in it are true.
Executed on March 30, 2018
Ah
Lanetra Smith
18-139076 - LaS
PAGE 2
—
.
a7
—_——— Loan Number: ——
MIN:
ADJUSTABLE RATE NOTE
(LIBOR Six-Month Index (As Published In The Wall Street Journal) - Rate Caps)
(Interest Only ARM)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST
RATE AND MY MONTHLY PAYMENT, THIS NOTE LIMITS THE AMOUNT MY
INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I
MUST PAY.
FEBRUARY 6, 2007 AGOURA CALIFORNIA
(cig) ate}
314 Montgomery Court, Kissimmee, Florida 34758
1 BORROWER'S PROMISE TO PAY
In return for a loan that I have received, | promise to pay US. $157, 500,00 (this amount is
called *Principal"), plus interest, to the orderof Lender, Lenderis QUALITY HOME LOANS, A
CALIFORNIA CORPORATION
T will make all payments under this Not te inthe form ofcash, check or money order.
T understand that Lender may transfer tis Note. Lender or anyone who takes this Note by transfer and who
is entitled to receive payments under this Note is called the "Note Holder.”
2. INTEREST
will pay interest
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I Section
ata yearly rate of 11.700 %. The interest rate I will pay may change In accordance with 4 of this
ote,
‘The interest rate required by this Section 2 and Section 4 of this Note is the rate | will pay both before and after
any default described in Section 7(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments payments (ihe "Interest-Only
I will pay interest by making payments every month for the first 60
Every month thereafter I wil pay principal and interest
Period”) in the amount sufficient to pay interest as i t accrues.
by making pay! ‘ments in an amount sufficient to fully amortize the outstanding principal balance of the Note at the end
of the Interest-Only Period over the remaining termof the Note. The principal and interest payment I pay . may change
a the Interest rate I pay changes pursuant to Section 4 of this Note.
1 will make my monthly payments on the 1st day of each month beginning on APRIL 1 other
and interest and any
2007. Iwill make these payments every month until I have paid all of the principalbe applied
charges described below that I may owe under this Note. Each monthly payment will as of its scheduled
due date and will be applied to interest before Principal. If.on 2037
MARCH 1, Estill owe
called the "Maturity Date.”
amounts under this Note, I will pay those amounts in full on that date, which is SUITE
Twill make my monthly payments a1 26500 AGOURA ROAD, 102-135,
CALABASAS, CALIFORNIA 91302
or at a different place if required by the Note Holder.
(8) Amount of My Initial Monthly Payments
of U.S. $1, 535.63
Each of my inital monthly payments will be in the amount . This
amount may change.
WWULTISTATE ADJUSTABLE RATE NOTE--LIBOR SIX-MONTH INDEX Diachtogie Ching so 8068
{AS PUBLISHED IN. THE WALL STREET JOURNAL) Page 1 of §
DLIMC 10 NOTE 03/01/06
ORIGINAL
ee
—$ $$$
— —
OT
:
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
on that day every 6th month thereafier. Each date on which
MARCH, 2009
‘The interest rate 1 will pay may change on the 1st daymyof interest .
rate cot wuld change is called a “Char ae
* (B) The Index is the average
Beginning with the first Change Date, my interest rate will be basedon an Index. The “Index” (“LIBOR"), as
of interbank offered rates for stx month U.S. dol WHar-denominated deposits in the London market each
published in The Wall Street Journal. The most rec cent Index figure available as of the date 45 days before
Change Date is called th ie “Current Index.” comparable
If the Index is no longer available, the Note Holder will choose 2 new index that is based upon
information, The Note Holder will give me notice of this choice.
(C) Calculation of Changes interest rate by adding STX ‘AND
Before each Change Date, the Note Holder will calculate my new6.500 %) to the Current Index. The Note
500/1000 percentage points (
Holder will then round the result of thiis addition (o the nearest one-eighth of one percentage point (0.125%). Subject
the next Change
to the limits stated in Section 4(D) below, this rounded am« jount will be my new interest rate unti}
Date. the amount of the monthly
Except as provided in Section 3(A) above, the Note Holder will then determine
I am expected to owe al the Change Date in full
payment that would be sufficient to repay the unps aid principal that payments.
on the Maturity Date at my new interest rate in substant ally equal The result of this calculation will be
the new amount of my monthly payment.
(D) Limits on Interest Rate Changes than
‘The interest rate 1 am required to pay at the first Change Date will not be greater 14.700 % or
any single Change
less than 11.700 9%. Thereafter, my interest ra fe will neverbe increased or decreased on percentage point(s)
Date by more than. ONE AND 000/10! 0
1.000 %) from the rate of interest I have been paying for the preceding 6 months. My interest
(
rate will never be greater than 18.700 %,
My interest rate will never be less than "11.700.%.
(E) Effective Date of Changes
My new interest rate will become effect tive on each Change Date, 1 will pay the amount of my new monthly
payment beginning on the first monthly payment date after th we Change Date unti the amount of my monthly payment
changes again.
(&) Notice of Changes Holder will
Before the effective date of fF any change in my interest rate and/or monthly payment, the Note
will include information required by law to be given to me
deliver or mail to me a notice of such change. The notice will
dnd also the tile and telephone number of a person who answer any question 1 may have regarding the notice.
BORROWER'S RIGHT TO PREPAY ** See attached Prepayment Note Addendum.
5.
Thave the right to make payments of Principal at an) ry time before they are due. A
payment of Principal only
is known as a "Prepayment." When I make a Prepayment, 1 will tell the Note Holder in writing that ! am doing so.
Tmay not designate a payment as a Prepayment ifpayment | have no! mad Je all the monthly payments due under this Note.
I may make a full Prepayment or partial Prej ts without paying any Prepayment charge. The Note Holder
will use my Prepayments to re duce the amount of f Principal that I owetheunder this Note. However, the Note Holder
may apply my Prepayment to th fe accrued and unpaid Interest on a partial Prepayment amount before applying my
Prepayment (o reduce the Principal amount of this Note. If I make Prepayment, there will be no changes
in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. If the partial
Prepaymentis made during the period when my monthly payments consist only of interest, the amount of the monthly
when my payments consist only of interest. IF the partial
payment will decrease for the remainder o f the pa}(ermayments
Prepayment is made during the period when my consist of principal and interest, my partial Prepayment
may reduce the amount of my monthly payments ‘aftermaythe befirstoffsetChange Date following my partial Prepayment.
However, any reduction due to my partial Prepayment by an interest rate increase,
E ADJUSTAGL E RATE NOTE-LIBOR SIX-MONTH INDEX Dihtogie Cas Seisate
MULTISTAT
UBLISHED IN. THE WALL STREET JOURNA
IO NOTE 03/01/06 Page 2 of §
®
e @
6. LOAN CHARGES
Ifa law, which applies to this loan and which sets maximum loan charges. is finally interpreted so that the
interest or other loan charges collected or (o be collected in connection with this loan exceed (o thethe permitted
permitted ls
then: (a) any such loan charge shall be reduced by the amount necessary (o reduce the charge
and (b) any sums already collected from me that exceeded permitted Timits will be refunded to me. The Note Holder
this Note or by making a direct payment to
may choose to ma ke this refund by reducing the Principal I owe asunder
a partial Prepayment.
me, Ifa refund reduces Principal, the reduction will be treated
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Pi vayments
If the Note Halder has not received the full amount of any monthly payment by the end of | 15
calendar days after the date it is due, I will pay a late ch. iarge to the Note Holder. The amount of the charge will be
10.000 % of my overdue payment of principal a ind interest. 1 will pay this late charge promptly but only
‘once on each late payment.
{B) Default
If I do not pay the full amount o f each monthly payment on the date it is due. I will be in default,
(C) Notice of Default
If I am in default, the Note Holder may sen .d me a written notice telling me that if 1 do not pay the overdue
amount by a certain dat i, che Note Holder may require me to pay immediately the full amount of Principal that has
‘ot been paid and all the interest that T owe on be at least 30 days after the date on which
‘that amount. That date must
the notice is mailed to me or delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in de fault, the Note Holder does not require me to pay immediately in full as
ata later time.
described above, the Note Holder will still have the right to do so if 1 am in default
) Payment of Note Hol Ider's Costs and Expenses will have
If the Note Holder has req ruired me to pay immediately in full as described above, the Note Holder
the right to be paid back by me for all ofits ‘costs and expenses in enforcing this Note to the extent not prohibited by
applicable law. ‘These expenses include, for example, reasonable atlomeys’ fees
8. GIVING OF NOTICES
Unless applicable law requires a different me hod, any notice that must be given to me under this Note will be
given by delivering it or by mailing it by first class mal i] to me atthe Property Address above or ata different address
if I give the Note Holder a notice of m;y different address. Holder under
less the Note Holder requires ‘a different method, any notice that must be given to thein Note
Section 3(A) above
this Note will be given by mailing lt by first class mail to the Note Holder at the address stated
‘or at a different address if I am given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS N jOTE
If more than one person signs this Note, each person {s fully and owed. personally obligated 10 keep all ofthe
Any person who is @ guarantor,
promises made in this Note, including the promise (o pay thethings. full amount
surety or endorser of this Note i i s also obligated to do these Any person who lakes over these obligations,
Including the oblig ations of a guarantor, surety or endorser ofthis Note, 1s also obligated to keep all of the promises
‘madein this Note. “The Note Holder may enforce its rights under this Note agai
inst each person individually or against
all of us together. This means that any one ofus may be required to pay all the amounts ‘owed under this Note.
10. WAIVERS
Land any other person who has obligations u inder this Note waive the rights of Presentment and Notice of
Dishonor, "Presentment" means the right to require theIder Note Holder to demand payment of amounts due. “Notice
of Dishonor” means the right to require the Note Hol to give notice to other persons that amounts due have not
been paid.
E ADJUSTABL E RATE NOTE--LIBOR SIX-MONTH INDEX ocHingie Bhan w0e4e62
HAULTISTAT
"PUBLISHED INTHE WALL STREET JOURNAL)
8S IMC 10 NOTE 03/01/05 Page 3 ofS
.
-———
e @
11, UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections
given to the Noe Holder under this Note, a Mortgage, Deed of Trust, or Security Deedmight(theresultSecurity Instrument"),
if | do not keep the
dated the same date as this Note, protects the Note Holder from possible losses that
promises that | make in this Note. That Security Instrument describes how and under what conditions 1 may be
required to make immediate payment in full of all amounts I ‘owe under this Note. Some of these conditions read as
follows:
Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
“Interest in the Property” means any legal or beneficial interest incontractthe Property. including, but not
for deed, installment sales
limited to, those beneficial interests transferred in a bond for deed, ule by Borrower
contract of escrow agreement. the intent of which is the wransfer of ata future date to
a purchaser.
Ifall or any part of tne Property or any Interest in the Property is sold or transferred (or if Borrower
without Lender's prior
isnot a natural person and a bene! ficial interest in Borrower is sold or transferred)secured
written consent, Lender may require imme ediate payment in full of all sums by this Security
Instrument. However, this option shall not be exerci ised by Lender if such exercise is prohibited by
Applicable Law. Lender also shall not exercise this option if: (a) Borroweras causes to bt e submitted to
Lender information requir ‘ed by Lender to evaluate the intended transferee if a new loan were being
ade to the transferee; and (b) Lender reasonal bly determinethat s Lender's security will notbe impaired
by the loan assumption and that the risk of a breach of any covenant or agreement in this Security
Instrument is acceptable to Lender.
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to
also may require the transferee (o sign an assumption
Lender's consent to the loan assumption. Lender obligates
agreement that is acceptable to Lender and that the transferee to keep all the promises and
agreements made in the Note and in this Security Instrument. Borrower will to be obligated
continue
‘under the Note and this Security Instrument unless Lender releases Borrower in writing,
If Lender exercises the option (0 require immediate payment in full, Lender shallthe give Borrower
date the notice
notice of acccleration. The notice shall provide a period of not less than 30 days from
is given in accord fance with Section 15 within whichsums Borrower must pay all sums secured by this
Security Instrument. If Borrower fails to pay these prior to the expiration of this period, Lender
may invoke any remedies permitted by this Security Instrument without furthe sr notice or demand on
Borrower.
12 Documenta: Tax.
THE STATE DOCUMENTARY TAX DUE ON THIS NOTE HAS BEEN PAID ON
THE MORTGAGE SECURING THIS INDEBTEDNESS.
MULTISTAT E ADJUSTABL E RATE NOTE-LIGOR SIX-MONTH INDEX Doctagic BRie Boreit
bu Joa JBLISHED IN. THE WALL STREET JOURNAL
10 NOTE 03/01/08 Page'4of 5
—_
e .
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
Maurice Ward
ou
0b /O 7
(Seal)
Borrower 7 wit
(Seal) (Seal)
Borrower -Borrower
(Seal) (Seal)
-Borrower ~Borrower
{Sign Original Only}
MULTISTATE ADJUSTABLE RATE NOTE-LIGOR SIX:-MONTH INDEX Boctingis Bkaiins saoace
(As Pu JBLISHED IN THE WALL STREET JO
IO NOTE 03/01/06 Page § of §
'
ALLONGE TO NOTE
For purposes of further endorsement of the Note referenced below:
Loan Number: ~~
Borrower:
Maurice Ward
Property: 314 Montgomery Court Kissimmee FL 34758
Lender: Quality Home Loans, a California Corporation
PAY TO THE ORDER OF
Dated: 02/06/07
WITHOUT RECOURSE
COUNTRYWIDE HOME LOANS, INC.
Original Unpaid Balance: 157,500.00
py Makite Fjolandon
MICHELE SJOLANDER
Pay to the order of:
EXECUTIVE VICE PRESIDENT
COUNTRYWIDE HOME LOANS, INC
Without recourse
Dated: February 3, 2007
a Californja corporation
AVE Y
Quality Home Loans, a Califc ‘orpla Corporation,
David S. Burroughs, Assistant ice President
--
e @
PREPAYMENT ADDENDUM TO NOTE
‘Loan Number: —_———
Date: FEBRUARY 6, 2007
Borrower(s): Maurice Ward
THIS PREPAYMENT ADDENDUM TO NOTE (the “Addendum*) is made this 6th day of
FEBRUARY, 2007 . and is incorporated into and shall be deemed to amend and supplement
that certain promissory note (the "Note") made by the undersigned ("Borrower") in favor of QUALITY HOME
LOANS, CALIFORNIA CORPORATION
("Lender") and dated the saine date as this Addendum. Repayment of the Note is secured by a Morigage, Deed of
Trust, or Security Deed (the "Security Instrument") given by Borrower in favor of Lender and dated the same date
‘as this Addendum. To the extent that the provisions of this Addendum are inconsistent with the provisions of the
Note, the provisions of this Addendum shall supersede the inconsistent provisions of the Note,
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Note, Borrower
and Lender further covenant and agree as follows:
Section 5 of the Note is amended to read in ils entirety as follows:
5 . BORROWER'S RIGHT TO PREPAY; PREPAYMENT CHARGE
have the right to make payments of Principal at any time before they are due. A payment
of Principal only is known as a "Prepayment." When I make a Prepayment, I will ell the Note
Holder in writing that | am doing so. I may not designate a payment as a Prepayment if | have not
made all the monthly payments due under the Note.
The Note Holder will use my Prepayments to reduce the amount of Principal that 1 owe
under the Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid
interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount
of the Note. If 1 make a partial Prepayment, there will be no changes in the due dates of my
monthly payment unless the Note Holder agrees in writing to those changes.
If the Note contains provisions for a variable interest rate, my partial Prepayment may
reduce the amount of my monthly payments after the first Change Date following my partial
Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest
rate increase. If this-Note provides for a variable interest rate or finance charge, and the interest
rate or finance charge at any time exceeds the legal limit under which a Prepayment penalty is
allowed, then the Note Holder's right to assess 2 Prepayment penalty will be determined under
applicable law.
If within HIRTY-SIX( 36 ) months from the date the Security Instrument is.
executed [ make a full Prepayment or one or more partial Prepayments, and the total of all such
Prepayments in any 12-month period exceeds twenty percent (20%) of the original Principal amount
of the loan, I will pay a Prepayment charge in an amount equal to SIX (
months’ advance interest on the amount by which the total of my Prepayments within any 12-month
period exceeds twenty percent (20%) of the original Principal amount of the loan.
IAULTISTATE PREPAYMENT ADDENDUM TO NOTE DocMagle Chir si o9 3k2
Page
1 of 2
a
-
tee
BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this
Addendum.
unde 2/06/o7
Borrower Maurice Ward Date Borrower Date
Borrower Date Borrower Daie
Borrower Date Borrower Date
RgLTISTATE PREPAYAENT ADDENDUM TO NOTE Page
2 of 2 Bacio eae Se